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HERZOG v. STATE OF NEW YORK

32 Misc.2d 1068 (1962)

Nathan Herzog, Claimant, v. State of New York, Defendant. (Claim No. 35957.) Barmo Realty Corp., Claimant, v. State of New York, Defendant. (Claim No. 36273.)

Court of Claims.

March 23, 1962

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes (Francis D. McCurn of counsel), for Nathan Herzog, claimant. Hancock, Dorr, Ryan & Shove (Stewart F. Hancock, Jr., of counsel), for Barmo Realty Corp., claimant. Louis J. Lefkowitz, Attorney-General (Stanley V. Scott of counsel), for defendant.

CHARLES T. MAJOR, J.

These claims were filed to recover damages for the diminution of the value of the claimants' property caused by the change of grade in front thereof. The State made no physical appropriation and filed no appropriation map.

Prior to and on March 18, 1957 Barmo Realty Corp. was the owner in fee of the property abutting on the west side of the two hundred block of North Salina Street in the City of Syracuse, New York. The lot...

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